Examples of Police Misconduct and How to Protect Yourself

Law enforcement officers have the responsibility of serving their communities respectfully in compliance with the law. Yet, there are incidents where this is not the case. There are a multitude of examples that illustrate the types of police misconduct that are most prevalent, and how they can be avoided. Here are several examples of police misconduct, and how to protect yourself.

What is Police Misconduct?

Police misconduct is an issue that has been receiving more and more attention throughout the country, especially in light of the recent protests calling for police reform and accountability. Police misconduct occurs when an officer violates guidelines while performing their duties. Such violation of guidelines often includes breaking one or more laws in the process. The Constitution includes specific statutes regarding police misconduct, as evident through U.S. Code 242 and U.S. Code 12601, which state that a law officer is prohibited from depriving or conspiring to deprive another person of their Constitutional rights. Furthermore, the latter Code explains examples of misconduct considered unlawful for police to engage in which deprives persons of their rights. Examples of police misconduct that will be explained further include theft, police brutality, tampering with evidence, coerced confessions, etc. More publicly known cases of police misconduct include the deaths of George Floyd, Eric Garner, and Breonna Taylor by police brutality, the fabrication of evidence in the John Spencer Case, and the false arrest and coercion of Ms. Jackson in the Rachelle Jackson Case.

Examples of Police Misconduct

There are multiple actions that police officers may engage in to deprive a person of their Constitutional rights, and may also be a way to seriously harm them in the process. Examples of police misconduct may include:

Police Brutality

Most notable for being prevalent in the news and being a disturbing reality for many people, police brutality is the excessive and unwarranted use of force by law enforcement. Forms of police brutality may range from assault and battery to manslaughter. This violation of basic civil rights creates demoralized conditions for victims, and has recently been elevated amidst protests against brutality on people of color.

Tampering of Evidence

Tampering with evidence is the crime of altering, destroying, or hiding physical evidence with the intention of influencing an investigation or proceeding.

False Arrest and Malicious Prosecution

Both false arrest and malicious prosecution are considered separate means of violating a person’s constitutional rights. Malicious prosecution is essentially the action by which law enforcement pursues groundless charges intending to ruin a person through harassment, or with criminal proceedings. A false arrest occurs when the police arrest someone without probable cause.

Witness Tampering

This behavior involves an officer who attempts to either change or influence a witness’ testimony, or prevent them from testifying in a criminal or civil proceeding.

Rape and Sexual Assualt

Police sexual violence, or PSV, is an umbrella term that encompasses any action or coercion by police with a sexual component. This may include verbal harassment because of a person’s gender or orientation, assault, rape, and other forms of physical sexual conduct.

Drugs or Drinking While on Duty

Police officers are prohibited from being under the influence of either alcohol or drugs while on duty. Essentially every police department in the United States has strict rules concerning this issue.

Racial Profiling

Racial profiling is the action by which a person’s race or ethnicity is solely used as a justification for suspecting them of a crime.

Bribing Lawmakers

In order to gain excess power or leverage, some officers may attempt to persuade officials to pass or keep laws that work in their favor.

How to Protect Yourself From Police Misconduct

In today’s age of social media and recording capabilities, there are more ways to digitally capture police brutality than ever. It is perfectly legal to videotape a police officer’s conduct as long as the incident is happening in a public place, and there is no interference in the police action. Thus, it may be considered useful to record your surroundings in any police encounter where you feel threatened or unsafe. Other ways to protect yourself and avoid becoming a victim of misconduct by police include staying calm, never displaying a firearm or weapon unless asked to do so, moving slowly and carefully at all times, and never provoking or resisting arrest by an officer. Furthermore, if you are being questioned or interrogated about a crime, you have the legal right to invoke your 5th amendment right. This allows you to politely state that you wish to stay silent and request your attorney to be present before proceeding with any further questioning.

FAQs About Police Misconduct & How to Protect Yourself

What should I do in the event of police misconduct/brutality?

Note the date, time, and location of the incident. It is also important to try and get the name or car number of the officer(s) involved, as well as their physical descriptions. Contacting an experienced civil rights attorney for further action and consultation may also be a useful decision.

What is the “Police Misconduct Provision”?

This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives a person of their Constitutional rights. Types of misconduct covered in this law may include excessive force, false arrests, and unlawful searches among other actions. Remedies available for police misconduct under this law include injunctive relief, which may be in the form of orders to end the misconduct and changes in the agency’s policies and procedures.

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